MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiffs Lucy Pinder, Irina Voronina, and Carmen Electra bring this action against Defendants S. DiCarlo, Inc. (“DiCarlo’s”) and Tess Collins, alleging (1) false endorsement under Section 43 of the Lanham Act, 15 U.S.C. §1125(a) (First Cause of Action); (2) misappropriation of likeness for advertising purposes under N.Y. Civil Rights Law (“NYCRL”) §§50-51 (Second Cause of Action); and (3) deceptive trade practices under N.Y. General Business Law (“NYGBL”) §349 (Third Cause of Action). (Dkt. No. 1). Presently before the Court is Defendants’ motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c), (Dkt. No. 63), which Plaintiffs oppose. (Dkt. No. 70). Plaintiffs seek an award of fees and costs associated with Defendants’ motion. (Id. at 5). For the reasons that follow, Defendants’ motion is granted in part and denied in part, and Plaintiffs’ request for fees is denied. II. FACTS1 A. Parties Plaintiffs are three “well-known professional models and actresses, each of whom earns her livelihood promoting and licensing her image, likeness, and/or identity.” (Dkt. No. 70, at 3; Dkt. No. 1,
19, 22, 25). Plaintiffs’ careers depend on their “good will and reputation,” and “in furtherance of establishing, and maintaining, their brands, Plaintiffs are necessarily selective concerning the companies, and brands, for which they model.” (Dkt. No. 1, 15). Plaintiff Pinder is “an English model, actress, host, businesswoman, and one of Great Britain’s most famous glamour models.” (Id. 19). She has been “featured in hundreds of magazines” and “has an established and developing acting career with many TV appearances and Film credits.” (Id.). She was also a “contestant on Celebrity Big Brother,” and starred in several films such as Strippers vs. Werewolves and The Seventeenth Kind. (Id.). Plaintiff Voronina “has represented international brands” and has been featured on “the covers and pages of worldwide magazines” including Maxim and Playboy. (Id. 22). She was named Playboy’s Miss January 2001. (Id.). She has appeared in several films, including Reno 911!: The movie and Piranha 3DD, and is “currently starring in the independent action film Scramble.” (Id.). She has “more than 4 million followers on Facebook, Instagram, Twitter, and YouTube.” (Id.). Plaintiff Electra is a “world famous actress, recording artist, and entrepreneur.” (Id. 25). She was in television shows such as Baywatch and Singled Out and has had “starring roles in blockbuster hits including Scary Movie, Dirty Love, Cheaper By the Dozen 2, and Meet the Spartans.” (Id.). She is also a recording artist and published author. (Id.). She currently can be “seen as the host of WEtv’s new reality docu-series Ex Isle.” (Id.). She has “more than three million Facebook followers, 740,000 Instagram followers, and nearly 400,000 Twitter followers.” (Id.). Defendant DiCarlo’s, a gentleman’s club in Albany, New York, is “in the business of selling alcohol and food in an atmosphere were [sic] nude and/or semi-nude women entertain the business’ clientele.” (Id. 28). DiCarlo’s has “social media accounts, including…Facebook, Twitter, and Instagram.” (Id. 29). Defendant Collins is “the owner, principal, and/or chief executive” of DiCarlo’s. (Id.
